The Political Constitution of the Republic of Chile of 1980 () is the
fundamental law in force in
Chile
Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the east a ...
. It was approved and promulgated under the
military dictatorship
A military dictatorship is a dictatorship in which the military exerts complete or substantial control over political authority, and the dictator is often a high-ranked military officer.
The reverse situation is to have civilian control of the m ...
headed by
Augusto Pinochet
Augusto José Ramón Pinochet Ugarte (, , , ; 25 November 1915 – 10 December 2006) was a Chilean general who ruled Chile from 1973 to 1990, first as the leader of the Military Junta of Chile from 1973 to 1981, being declared President of ...
, being ratified by the Chilean citizenry through a
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
on September 11, 1980, although being held under restrictions and without electoral registers. The constitutional text took effect, in a transitory regime, on March 11, 1981, and then entered into full force on March 11, 1990, with the
return to electoral democracy. It was amended for the first time in 1989 (through a
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
), and afterward in 1991, 1994, 1997, each year from 1999 to 2001, 2003, each year from 2007 to 2015, and each year from 2017 to 2021, with the last three amendments concerning the constituent process of 2020 - 2022. In September 2005, under
Ricardo Lagos
Ricardo Froilán Lagos Escobar (; born 2 March 1938) is a Chilean lawyer, economist and social-democratic politician who served as president of Chile from 2000 to 2006. During the 1980s he was a well-known opponent of the Chilean military di ...
's presidency, a large amendment of the Constitution was approved by parliamentarians, removing from the text some of the less democratic dispositions coming from Pinochet's regime, such as
senators-for-life and appointed senators, as well as the
armed forces
A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
' warranty of the
democratic regime.
On November 15, 2019, following a
series of popular protests in October 2019, a political agreement between parties with parliamentary representation called for a national referendum on the proposal of writing a new Constitution and on the mechanism to draft it. A
plebiscite
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
held on October 25, 2020, approved drafting a new fundamental charter, as well as choosing by popular vote delegates to a
Constitutional Convention which was to fulfill this objective. The members of the convention were
elected in May, 2021, and first convened on July 4, 2021.
Legitimacy
According to the law professor Camel Cazor Aliste, the Constitution of 1980 has problems of legitimacy stemming from two facts. First, the constitutional commission was not representative of the
political spectrum
A political spectrum is a system to characterize and classify different political positions in relation to one another. These positions sit upon one or more geometric axes that represent independent political dimensions. The expressions politi ...
of Chile: its members had been handpicked by the
Pinochet dictatorship
Augusto José Ramón Pinochet Ugarte (, , , ; 25 November 1915 – 10 December 2006) was a Chilean general who ruled Chile from 1973 to 1990, first as the leader of the Military Junta of Chile from 1973 to 1981, being declared President of ...
, and opponents of the regime had been deliberately excluded. Secondly, the constitution's approval was achieved by the government in a controversial and tightly controlled referendum in 1980. Campaigning for the referendum was irregular, with the government calling people to vote positively on the reform, and also using radio and television commercial spots, while the opposition urging people to vote negatively were only able of doing small public demonstrations, without access to television time and limited radio access. There was no electoral roll for this vote, as the register had been burned during the dictatorship. There were multiple cases of double voting, with at least 3000 CNI agents doing so.
Since the return to democracy, the constitution has been amended nearly 20 times.
A document from September 13, 1973, shows that
Jaime Guzmán
Jaime Jorge Guzmán Errázuriz (June 28, 1946 – April 1, 1991) was a Chilean constitutional law professor, speechwriter and member and doctrinal founder of the conservative Independent Democrat Union party. In the 1960s he opposed the Universit ...
had by then already been tasked by the Junta to study the creation of a new constitution.
It has been argued the 1980 Constitution was designed to favor the election of
right-wing
Right-wing politics describes the range of political ideologies that view certain social orders and hierarchies as inevitable, natural, normal, or desirable, typically supporting this position on the basis of natural law, economics, authorit ...
legislative majorities. Several rounds of constitutional amendments have been enacted since 1989 to address this concern.
Timeline of Constitutions
* ''Reglamento para el arreglo de la Autoridad Ejecutiva Provisoria de Chile 1811''
* ''Reglamento Constitucional 1812''
* ''Reglamento para el gobierno Provisorio 1814''
* ''Constitución de 1818''
* ''Constitución de 1822''
* ''Constitución de 1823''
* ''Ensayo Federal de 1826''
* ''Constitución de 1828''
* ''
Constitución de 1833'': Written among others by
Mariano Egaña
Mariano Egaña Fabres (Santiago, 1793 – Santiago, 1846) was a Chilean lawyer, conservative politician and the main writer of the Chilean Constitution of 1833
The Constitution of 1833 was the constitution used in Chile from 1833 to 1925 when ...
and
Manuel José Gandarillas
Manuel may refer to:
People
* Manuel (name)
* Manuel (Fawlty Towers), a fictional character from the sitcom ''Fawlty Towers''
* Charlie Manuel, manager of the Philadelphia Phillies
* Manuel I Komnenos, emperor of the Byzantine Empire
* Manu ...
** Reinterpreted after the
1891 Chilean Civil War
The Chilean Civil War of 1891 (also known as Revolution of 1891) was a civil war in Chile fought between forces supporting Congress and forces supporting the President, José Manuel Balmaceda from 16 January 1891 to 18 September 1891. The war ...
augmenting the power of the
National Congress of Chile
The National Congress of Chile ( es, Congreso Nacional de Chile) is the legislative branch of the government of the Republic of Chile.
The National Congress of Chile was founded on July 4, 1811. It is a bicameral legislature composed of the Cham ...
* ''
Constitución de 1925'': Written among others by
Arturo Alessandri Palma
Arturo Fortunato Alessandri Palma (; December 20, 1868 – August 24, 1950) was a Chilean political figure and reformer who served thrice as president of Chile, first from 1920 to 1924, then from March to October 1925, and finally from 1932 to ...
and
José Maza
* ''Constitución de 1980'': Written among others by
Jaime Guzmán
Jaime Jorge Guzmán Errázuriz (June 28, 1946 – April 1, 1991) was a Chilean constitutional law professor, speechwriter and member and doctrinal founder of the conservative Independent Democrat Union party. In the 1960s he opposed the Universit ...
**Has been amended in 1989, 1991, 1994, 1997, 1999, 2000, 2001, 2003, 2005, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2017, 2018, 2019, 2020, and 2021.
In the summer of 2022, a
proposed replacement constitution was submitted for national debate and general referendum, but it was rejected on September 5 despite having had the support of left-leaning President Gabriel Boric. If accepted, it would have significantly extended social rights to most groups, including full gender equality, designated legislative seats for indigenous representatives, given the government wider responsibility for social welfare programs, and added significant environmental supervision and control.
[CNN: Chilean voters overwhelmingly reject proposed leftist constitution ]
/ref>
See also
* Chilean transition to democracy
The Chilean transition to democracy is the name given to the process of restoration of democracy carried out in Chile after the end of the military dictatorship of Pinochet, in 1990, and particularly to the first two democratic terms that suc ...
* 2021 Chilean Constitutional Convention election
* Constitutionalism
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law".
Political organizations are constitutional ...
References
General references
*
External links
*
*
*
''Untying the knot''
(The Economist
''The Economist'' is a British weekly newspaper printed in demitab format and published digitally. It focuses on current affairs, international business, politics, technology, and culture. Based in London, the newspaper is owned by The Econo ...
, Oct 21st 2004)
www.constitutionnet.org
{{DEFAULTSORT:Constitution Of Chile
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1980 in Chilean law
Government of Chile